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INTERNATIONAL

REGULATIONS ON
SHIPPING
INTRO
SHIPS ARE PRE-REQUISITE IN TPT
GOODS ACROSS THE SEA
GOODS TRANSFERRED FM A PLACE
WHERE UTILITY IS LOW TO A PLACE
WITH HIGH UTILITY
GOODS INCLUDE RAW MATERIALS,
COMPONENTS, PARTS OF INDUSTRIAL
PLANTS, CONSUMER PRODUCTS ETC.
FACTORS TO BE ADDRESSED
BY SHIPPING COY
COST COMPETITIVENESS
RELIABILITY
FREQUENCY
TRANSIT TIME
CAPITAL TIED IN TPT (MULTI-MODALISM)
PACKAGING
IMPORT DUTY
INSURANCE ETC.
INTERNATIONAL NATURE OF
SHIPPING INDUSTRY
LONG RECOGNIZED THAT
EFFORTS TO IMPROVE
SAFETY IN MARITIME OPS
CANNOT BE DONE
UNILATERALLY
ONLY EFFECTIVE IF
CARRIED OUT AT
INTERNATIONAL LEVEL
HENCE, AN
INTERNATIONAL BODY
RECOGNIZED BY NATION
STATES IS REQUIRED FOR
SUCH ROLE
THE IMO
EST. IN 1958
FORMERLY KNOWN AS
INTER-GOVERNMENTAL
MARITIME
CONSULTATIVE
ORGANIZATION (IMCO)
169 MEMBER STATES & 3
ASSOCIATE MEMBERS
(UN 192 MEMBERS)
A UN SPECIALIZED
AGENCY
OBJECTIVES IMO
MOST IMPORTANT OBJECTIVES
IMPROVEMENT OF MARITIME SAFETY
PREVENTION OF MARINE POLLUTION

THE OBJECTIVES ARE SUMMED-UP IN


A SLOGAN
SAFE, SECURE & EFFICIENT SHIPPING
ON CLEAN OCEANS
MEMBERSHIP OF IMO
OPEN TO ALL MEMBERS OF UN THAT RATIFIED
THE CONVENTION
NON-MEMBERS OF UN MAY BE ADMITTED WITH
RECOMMEDATION FROM COUNCIL & APPROVED
BY TWO-THIRD OF ALL IMO MEMBERS
ANY TERRITORY RESPONSIBLE FOR THEIR OWN
INTERNATIONAL RELATIONS MAY APPLY TO BE AN
ASSOCIATE MEMBER SUBJECT TO UN APPROVAL
NO STATE OR TERRITORY MAY BECOME/REMAIN
A MEMBER CONTRARY TO UNGA RESOLUTION
ORGANS OF IMO (Art 11)
AN ASSEMBLY
A COUNCIL A TECHNICAL
A MARITIME SAFETY COOPERATION
COMMITTEE
COMMITTEE
SECRETARIAT
A LEGAL
COMMITTEE SUCH SUBSIDIARY
A MARINE ORGANS AS THE
ENVIRONMENT IMO MAY CONSIDER
PROTECTION NECESSARY
COMMITTEE
ORGANS OF IMO
ASSOCIATE MEMBER

HAVE THE RIGHTS &


OBLIGATIONS OF A
MEMBER

NO RIGHT OF VOTE

NOT ELIGIBLE FOR


MEMBERSHIP ON
THE COUNCIL
PURPOSES OF IMO
TO PVD MACHINERY OF
COOPERATION AMONG GOVTS IN
THE FIELD OF GOVT REGULATION
& PRACTICES RELATING TO
TECHNICAL MATTERS OF ALL
KINDS AFFECTING SHIPPING
ENGAGED IN INTL TRADE
ENCOURAGE & FACILITATE THE
ADOPTION OF HIGHEST
PRACTICABLE STDS IN MARITIME
SAFETY, EFFICIENCY OF
NAVIGATION & PREVENTION OF
MARINE POLLUTION FM SHIPS
PURPOSES OF IMO Cont.
ENCOURAGE REMOVAL OF DISCRIMINATORY ACTION
& UNNECESSARY RESTRICTIONS BY GOVTS
AFFECTING SHIPPING ENGAGED IN INTL TRADE
EXCLUDING ASSISTANCE NOT INVOLVING INTL TRADE
PROVIDE FOR CONSIDERATION ANY MATTERS
CONCERNING UNFAIR PRACTICES IN SHIPPING
CONCERNS
PROVIDE FOR CONSIDERATION MATTERS
CONCERNING SHIPPING & THEIR EFFECT ON MARINE
ENVIRONMENT
PROVIDE FOR THE EXCHANGE OF INFO AMONG GOVT
FUNCTIONS OF IMO
CONSIDER & MAKE
RECOMMENDATIONS ON
MATTERS ARISING WITHIN
THE PURPOSES OF IMO
PROVIDE FOR DRAFTING OF
COVENTIONS, AGREEMENTS
OR OTHER INSTRUMENTS &
RECOMMEND TO GOVTS &
INTER-GOVT ORGANIZATION
& CONVENE SUCH
CONFERENCE WHEN
NECESSARY
FUNCTIONS OF IMO Cont.
PVD MACHINERY FOR CONSULTATION
AMONG MEMBERS & THE EXCHANGE OF
INFO AMONG GOVTS
PERFORM FUNCTIONS RELATING
MARITIME MATTERS & THE EFFECT OF
SHIPPING ON THE MARINE
ENVIRONMENT
FACILITATE TECHNICAL COOPERATION
WITHIN THE SCOPE OF IMO
CONVENTIONS FOR SAFETY &
SEAWORTHYNESS
SOLAS 1974
LOAD LINES 1966
INMARSAT 1976
STCW 1978
MARITIME SAR 1979 ETC
ISM CODE
I/N MGT CODE FOR THE SAFE
OPERATION OF SHIPS & FOR POLLUTION
PREVENTION 2002 (REV 2010)
PURPOSE TO INDUCE SHIPPING COYS
TO CREATE A SAFETY MGT SYSTEM
THAT WORKS
OBJS ARE TO ENSURE SAFETY AT SEA,
PREVENTION OF HUMAN INJURY OR
LOSS OF LIFE, & AVOID DAMAGE TO
MARINE ENVIRONMENT
SAFETY MGT SYSTEM
SAFETY & ENVIRON PROTECTN POLICY
INSTR & PROCEDURES FOR SAFE OPS OF
SHIPS & PROTECTN OF MAR ENVIRON
LEVELS OF AUTH & LINES OF COMMS
BETWEEN/AMONGST PERS AFLOAT &
ASHORE
PROCEDURES TO REPORT ACCIDENTS &
NC WITH THE CODE
PROCEDURES TO PREP & RESPOND TO
EMERG
PROCEDURES FOR AUDIT & MGR REVIEW
ISM CERT CONFIRM:
APPROPRIATE MGT SYSTEM AVAILABLE
FOR DEALING WITH SAFETY & POLLUTION
PREVENTION
SYSTEM UNDERSTOOD & IMPLEMENTED BY
THOSE RESPONSIBLE FOR VARIOUS
FUNCTIONS
KEY ACTIONS INDICATED IN SMS CARRIED
OUT
RECORDS TO DEMO EFFECTIVE
IMPLEMENTATION OF SMS AVAILABLE
ISM CERTIFICATE
FLAG STATES
IS A COUNTRY WHERE A SHIP IS BEING
REGISTERED IRRESPECTIVE WHETHER
OWNER OR CREW IS NATIONAL OF THAT
COUNTRY
FLAG STATE IS REPRESENTED BY AN
AUTHORITY TO EXERCISE ITS ROLE
IN MSIA, THE MARINE DEPT IMPLEMENTS
MSO 1952 & OTHER LAWS
BASED OF I/N PRACTICES SAFETY SHOULD
BE ENFORCED BY FLAG STATES INCLUDING
FLAGS OF CONVENIENCE
OTHER STATE AUTHORITIES
PORT STATE CAN ENFORCE LAWS ON SAFETY OF
MERCHANT SHIPS TO SHIPS VISITING THEIR PORTS
THROUGH THE PORT STATE CONTROL (PSC) REGIME

COASTAL STATES CAN ENFORCE LAWS ON SHIPS


PLYING THEIR WATERS THAT DO NOT COMPLY WITH
THE REQUIREMENTS OF INNOCENT PASSAGE &
OTHER UNCLOS PROVISIONS
HISTORY OF PSC
In 1978, a number of European countries agreed in The
Hague on memorandum that agreed to audit whether the
labour conditions on board vessels were according the
rules of the ILO. After the Amoco Cadiz sank that year, it
was decided to also audit on safety and pollution. To this
end, in 1982 the Paris Memorandum of Understanding
(Paris MoU) was agreed upon, establishing Port State
Control, nowadays 26 European countries and Canada.
In practice, this was a reaction on the failure of the flag
states - especially flags of convenience that have
delegated their task to classification societies - to comply
with their inspection duties.
A diagram of the world with nations participating in Port State Control
highlighted. Signatories of the Paris MOU are in blue, while signatories
of the Tokyo MOU are in red. Both Canada and Russia are signatories
to both: Canada's Atlantic ports and Russia's Baltic ports comply with
the Paris MOU, while both Canada's and Russia's Pacific ports comply
with the Tokya MOU.
PSC ENFORCEMENT
Under Port State Control (PSC), inspection of ships in port would be
taken by Port State Control Officer (PSCO). Annual report of Paris
MoU reported a total of 74,713 deficiencies were recorded during
port state control inspections in 2007. These deficiencies resulted in
1,250 detentions in the same year. Detention of the ship is the last
course of action that a PSCO would take upon finding deficiencies
aboard the vessel.
Courses of action a PSCO may impose on a ship with deficiencies:

1. Deficiencies must be rectified before the ship can depart the port;
2. Under specific conditions, deficiencies can be rectified when the
ship arrives at the next port
3. Deficiencies can be rectified within 14 days for minor infractions
4. Detention of the ship
I/N REGS OF DANGEROUS &
HARZARDOUS CARGO
SHIPS CARRYING DANGEROUS CARGO MUST
COMPLY WITH CHAP VII OF SOLAS (CARRIAGE OF
DANGEROUS GOODS) AN MUST CARRY
APPROPRIATE DOCUMENTS TO SIGNIFY THE
COMPLIANCE.
AMONG CODES TO BE OBSERVED:
INTERNATIONAL MARITIME DANGEROUS GOODS
INTERNATIONAL BULK CHEMICAL
INTERNATIONAL GAS CARRIER
INTERNATIONAL CODE FOR SAFE CARRIAGE OF
PACKAGED IRRADIATED NUCLEAR FUEL, PLUTONIUM &
HIGH-LEVEL RADIOACTIVE WASTES ONBOARD SHIPS
(INF)
SUMMARY OF CODES
IMDG REQUIRES SHIPS CARRYING DANGEROUS &
HARZARDOUS CARGOES TO HAVE A SPECIAL LIST OR
MANIFEST
IBC PROVIDES SAFETY STD FOR DESIGN,
CONSTRUCTION, EQPT & OPS OF SHIPS CARRYING
DANGEROUS CHEMICALS
IGC REQUIRES THE DESIGN, CONSTRUCTION & EQPT
OF NEW SHIPS TO MINIMISE THE RISK TO THE SHIP,
CREW & ENVIRONMENT
INF PROVIDES REQUIREMENTS FOR SAFE CARRIAGE
OF PACKAGES IRRADIATED NUCLEAR FUEL,
PLUTONIUM & HIGH-LEVEL RADIOACTIVE WASTES
ONBOARD SHIPS
INTERNATIONAL COURT OF JUSTICE
EST WITH THE UNITED NATIONS IN 1945
ICJ STATUTE IS APPENDED TO THE UN CHARTER,
HENCE ALL UN MEMBERS ARE MEMBERS OF ICJ
NON UN MEMBER MAY BE ICJ MEMBER
CONSISTS OF 15 PERMANENT MEMBERS
ELECTED FOR A 9-YEAR TERM
THE COURT SITS IN A FULL BENCH OR ON
OCCASION AS A CHAMBER
DECISIONS ARE BY MAJORITY & IN THE EVENT
OF AN EQUAL DIVISION, PRESIDENTS VOTE IS
DECISIVE
INTERNATIONAL TRIBUNALS
INTERNATIONAL CRIMINAL COURT (ICC)
INTERNATIONAL TRIBUNAL FOR THE LAW
OF THE SEA (ITLOS)
ADMINISTRATIVE TRIBUNAL OF ILO
INTERNATIONAL CRIMINAL TRIBUNAL FOR
THE FORMER YUGOSLAVIA
INTERNATIONAL CRIMINAL TRIBUNAL FOR
RWANDA & ETC.
CONCLUSION
COMPARE THE FUNCTIONS OF THE
IMOS ASSEMBLY AND ITS COUNCIL
MAKE COMPARISON BETWEEN THE
EFFECTIVENESS OF FLAG STATE
CONTROL & PORT STATE CONTROL
DISCUSS 3 COMPONENTS OF THE SMS
EXPLAIN THE ORGANISATION OF THE
ICJ

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